DID YOU REMEMBER TO. Sign and date your application in front of a notary? Provide a certified disposition of your case?

Transcription

1 DID YOU REMEMBER TO Sign and date your application in front of a notary? Provide a certified disposition of your case? Include your name, race/sex, date of birth, social security number and signature on the fingerprint form? Provide a $75.00 check or money order made payable to FDLE? Have Section B completed by the State Attorney's Office if seeking an expunction? Include Attorney's letterhead, if applicant is represented by an attorney?

2 FLORIDA DEPARTMENT OF LAW ENFORCEMENT APPLICATION FOR CERTIFICATION OF ELIGIBILITY PLEASE TYPE OR PRINT ALL INFORMATION Last Name First Name Middle Name SECTION A - ALL APPLICANTS Aliases: Maiden: Divorce Residence Phone Business Phone ( ) ( ) Date of Birth (DOB) Race Sex Social Security No. MONTH DAY YEAR Mailing Address City State Zip Permanent Address City State Zip Arresting Agency Date(s) of Arrest Florida Drivers License No. Select One: Expunge Seal NOTE: For Expunction applications, the State Attorney or Statewide Prosecutor must complete Section B Charge(s) NOTARY Sworn to and subscribed before me This Day of (Signature of Notary Public) 20 I hereby certify that the information contained herein is true and correct to the best of my knowledge. (Print, Type, or Stamp Commissioned Name of Notary or Deputy Clerk of the Court) Personally Known or Produced Identification Signature Date Type of Identification Produced: State Attorney/Statewide Prosecutor County Circuit Reviewing Officer SECTION B - STATE ATTORNEY FOR EXPUNCTION APPLICATIONS ONLY Charge(s) Description Statute Violation Pursuant to s , Fla. Stat I certify (1)(a) that an indictment, information, or other charging document was not filed or issued in the above-referenced case or (b) that an indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction prior to trial, adjudication, or the withholding of adiudication; and (2) that the criminal history record does not relate to a violation of s , s , s , chapter 794, s , s , s , s , s , s chapter 839, s s s , s , s , a violation enumerated in s , or a violation of any offense qualifying for registration as a sexual predator under s or for registration as a sexual offender under s , Fla. Stat, without regard to whether adjudication was withheld, where the defendant was found guilty of, or pled guilty or nolo contendere to any such offense, or where the defendant, as a minor, was found to have committed, or pled guilty or nolo contendere to committing, such an offense as a delinquent act. My signature below indicates only that the above statutory criteria have been satisfied and does not imply an opinion that the record in question should or should not be expunged. Case Number Action I certify that I have reviewed the state's above-referenced case and believe that this applicant is not eligible to have the criminal history record expunged for the following reason(s), pursuant to s , Fla.Stat. All charges related to the arrest or criminal activity to which this application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication, and as such, said criminal history record, if eligible, must be sealed for at least 10 years before it may be eligible to be expunged; and/or The criminal history record relates to a violation of s , s , s , chapter 794, , s , s , s , s , chapter 839, s , s , s , s , s , a violation enumerated in s , or a violation of any offense qualifying for registration as a sexual predator under s or for registration as a sexual offender under s Fla. Stat., without regard to whether adjudication was withheld, where the defendant was found guilty of, or pled guilty or nolo contendere to any such offense or where the defendant, as a minor, was found to have committed, or pled guilty or nolo contendere to committing, such an offense as a delinquent act; and/or Other reason: Signature Title(Prosecuting Authority) Date Signature Title(Prosecuting Authority) Date SECTION C FDLE Date Received Check Processed By Acct/Budget Expunge/Sea Section I.D.# DRI Certification Status Approved Seal Expunge Denied Expunge/Sea Section Date Received Date Entered Date Mailed IMPORTANT: A CERTIFICATE OF ELIGIBILITY IS VALID FOR 12 MONTHS FROM THE DATE OF ISSUANCE. AFTER THAT TIME, A NEW CERTIFICATE MUST BE APPLIED FOR. FDLE Revised July 2006

3 GENERAL INSTRUCTIONS & INFORMATION: 1. Applicable law: Sections and , Florida Statutes, and Chapter 11C-7, Florida Administrative Code (FAC), govern the use of this application, for the expunction or sealing of non-judicial criminal history records by criminal justice agencies. These statutes and the implementing rules require that you obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) prior to requesting a court for an order to seal or expunge your non-judicial criminal history records, and that you provide the information required by this application process. 2. Please type or print all information, except signatures. Complete all required portions of the application and submit all required documents and the processing fee noted below, under Section A. Failure to disclose your social security number (SOC) may delay the processing time of your application. If your application is submitted without all the required information, documentation, or the processing fee, FDLE may reject your application. 3. Mailing information: Mail your completed application package and fee to the following address: Florida Department of Law Enforcement ATTN: Expunge/Seal Section P.O. Box 1489 Tallahassee, Florida Contact Information: FDLE's Expunge/Seal Section - (850) Optional Personal Review of your Florida criminal history record: If you have questions about what appears in your Florida criminal history record maintained by FDLE, you may wish to obtain a Personal Review of your record from FDLE, pursuant to Chapter 11C-8, FAC, before submitting this application form. The Personal Review is optional and is not required for FDLE to process your Application for Certification of Eligibility for expunction or sealing of your record. To obtain a Personal Review, please complete and submit the enclosed FDLE Fingerprint form to FDLE at the address above. If you submit the fingerprint form for your Personal Review please DO NOT send in the APPLICATION or the $75.00 processing fee until the Personal Review is completed; the results of your personal review may influence your decision to request the expunction or sealing of your criminal history record. SECTION A: FOR ALL APPLICANTS 1. Complete every part of SECTION A. Make sure your signature, as the applicant, is notarized. 2. If you were given a Notice to Appear and not physically arrested for the charge(s), indicate the date of the Notice to Appear in the box marked ''Date of Arrest.'' 3. NON-REFUNDABLE Processing Fee: Submit with your application a money order or Cashier's check in the amount of $75.00, made payable to the Florida Department of Law Enforcement (FDLE). 4. Submit the attached fingerprint form with your fingerprints, as part of your application packet. This form must be completed by authorized personnel at a law enforcement or criminal justice agency, using only the attached FDLE Fingerprint form. (If you have obtained a Personal Review; send the fingerprint card back with the enclosed fingerprint form, please resubmit the same form for the Expunge/Seal "Certificate of Eligibility" application.) 5. Provide a certified copy of the final disposition(s) for each of the charges you list on your application. Dispositions can usually be obtained from the office of the Clerk of Courts in the county where you were charged. For Pretrial Intervention and other Diversion programs a certified letter of completion from the State Attorney or Statewide Prosecutor may substitute for a certified disposition. If you received probation for any of the charges, you must also submit a certified copy of the termination of your probation. SECTION B: FOR EXPUNCTION APPLICANTS ONLY 1. Submit the application to the State Attorney or Statewide Prosecutor for completion of SECTION B only if you are applying to have your records EXPUNGED. NOTE: In addition to proper completion of Section B, you must also submit the certified copies of disposition(s) and termination of probation required under Section A. SECTION C: FOR FDLE USE ONLY

4 REASONS AN APPLICATION FOR CERTIFICATE OF ELIGIBILITY TO SEAL OR EXPUNGE A CRIMINAL HISTORY RECORD WILL BE DENIED Pursuant to Sections s and s , Florida Statutes, a Certificate of Eligibility to expunge or seal a criminal history record cannot be issued under any of the following circumstances: 1. The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s (3)b. Certain driving violations are classified as criminal, such as DUl, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked. 2. The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains. 3. The criminal history record reflects that you have received a prior sealing or expunction of a criminal history record under s , s , former s , former s , former s , or from any jurisdiction outside the state. 4. The criminal history record to which the application pertains relates to a violation of s , s , s , chapter 794, s , s , s , s , s , s , chapter 839, s , s , s , s , s , a violation enumerated in s , or a violation of any offense qualifying for registration as a sexual predator under s or for registration as a sexual offender under s , Fla. Stat., with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld). 5. The criminal history record reflects that you have another petition to seal or expunge pending before a court of competent jurisdiction. 6. The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed. 7. [For expunction only] The criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication, If no other disqualification applies, the record would be eligible to be sealed. PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of Executive Clemency, declared on June 10, 1999, that the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record which would otherwise be imposed by a conviction or withholding of adjudication pursuant to Sections and , Florida Statutes, and, acting in the capacity of agency head of the Department of Law Enforcement, the Board directed FDLE to deny a Certificate of Eligibility to any person receiving a pardon who is otherwise ineligible for the sealing or expunging of the person's criminal history record.

5 DISQUALIFYING CHARGES FOR EXPUNCTION/SEALING A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contrendere, even if the adjudication was withheld, on any violation of the following: Offenses listed in S , F.S. 1. Arson 2. Aggravated Assault 3. Aggravated Battery 4. Illegal use of explosives 5. Child abuse or Aggravated Child Abuse 6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult 7. Aircraft piracy 8. Kidnapping 9. Homicide 10. Manslaughter 11. Sexual Battery 12. Robbery 13. Carjacking 14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years 15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority 16. Burglary of a dwelling 17. Stalking or Aggravated Stalking 18. Act of Domestic Violence, as defined in s Home-invasion Robbery 20. Act of Terrorism as defined by s Manufacturing any substances in violation of chapter Attempting or conspiring to commit any of the above crimes S , F.S. Sexual misconduct with developmentally disabled person and related offenses S , F.S. Sexual misconduct with mentally ill person and related offenses S , F.S. Luring or enticing a child Chapter 794, F.S. Sexual Battery and related offense S , F.S. Procuring person under 18 for prostitution S , F.S. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age S , F.S. Voyeurism S , F.S. Florida Communication Fraud Act (Scheme to Defraud or Organized Fraud, as defined in s , F.S.) S , F.S. Lewd or lascivious offense upon or in presence of elderly person or disabled adult S , F.S. Sexual performance by a child Chapter 839, F.S. Offenses by Public Officers and Employees S , F.S. Showing, etc., obscene literature to minor S , F.S. Computer pornography S , F.S. Selling or buying of minors S , F.S. Trafficking in controlled substances S Sexual misconduct with mentally deficient or mentally ill defendant and related offenses A violation of any offense qualify for registration as a sexual predator under s or for registration as a sexual offender tinder s All references are from Florida Statutes

6 FINGERPRINTS FOR APPLICATION FOR CERTIFICATION OF ELIGIBILITY Name: Last First Middle Alias(aka) Name: Last First Middle RACE: SEX: DOB: * SOC: Place of Birth: Please mail completed application and fingerprints to: FDLE, P.O. Box 1489, Tallahassee, FL 32302, Attn: Expunge/Seal Section Signature of official taking fingerprints: ORI: Signature of person fingerprinted: Date: 1. R. Thumb 2. R. Index 3. R. Middle 4. R. Ring 5. R. Little 6. L. Thumb 7. L. Index 8. L. Middle 9. L. Ring 10. L. Little Left Four Fingers Taken Simultaneously L. Thumb R. Thumb Right Four Fingers Taken Simultaneously Social Security Number, this information is voluntary; failure to disclose may delay the processing time of your application. Form